Like many other states, New Jersey statutes and case law allows family
court judges great flexibility to make custody orders that serve the best
interests of the children involved in family disputes. Almost any custody
arrangement can be ordered so long as it is supported by the court’s
finding that the action is in the child’s best interest. Now, state
lawmakers are looking to overhaul this basic principle of family law and
the decades of legal precedent it has created.

App reports state lawmakers have introduced two separate bills into the New
Jersey Legislature. These bills would create a legal presumption that
joint physical and legal custody is in the best interest of the child.
A parent who wants the court to order less than equal parenting time,
or order that one parent has sole authority to make legal decisions for
the child, must overcome this presumption by presenting evidence that
joint custody would be contrary to the child’s best interest. The
text of the bill also requires that parents attempting to overcome this presumption meet
a heightened evidentiary standard of “clear and convincing”
evidence. This is higher than the civil standard of “a preponderance
of the evidence,” and just below the criminal standard of “beyond
a reasonable doubt.” These provisions would make it much more difficult
for parents in New Jersey to fight for sole custody of their children.

The Pros and Cons of a Legal Presumption of Joint Custody

Like any law, the proposed bill has the potential to do both harm and good
in child custody cases. The bill’s sponsors have stated the bill’s
purpose is to ensure children have frequent and consistent contact with
both parents. While it remains to be seen whether the proposed legal presumption
would meet this goal, it is certainly a worthy aim for lawmakers. Creating
a presumption also holds the potential to encourage parents to negotiate
the terms of joint custody themselves. Knowing that a court will almost
certainly order joint custody can reduce the number of issues which remain
in dispute between parents, and reduce the number of child custody cases
which must be scheduled for trial.

On the other hand, child custody law in the United States has been largely
built on the idea that a child’s best interests should always prevail.
For decades, courts across the country have been able to examine custody
disputes on a case-by-case basis to carefully consider what is in the
best interest of the children. Imposing a legal presumption of joint custody
removes a court’s ability to do so effectively. This “one
size fits all” solution is likely to work against the interests
of many children, particularly those most vulnerable. Children who are
the victims of abuse, domestic violence and other dangers will need someone
to prove that awarding custody to their abuser is not in their best interest.
Such a legal presumption could be highly dangerous to New Jersey’s
most vulnerable children.

It remains to be seen whether these proposed bills will be adapted into
effective New Jersey law. If they are, more parents may find themselves
in need of legal advice to resolve custody disputes and protect the best
interests of their children. A
Freehold child custody attorney can help parents address custody issues which are presented by changes
in New Jersey child custody law.

If you are struggling with a New Jersey child custody issue, contact the
Freehold child custody attorneys at Rozin-Golinder Law LLC by calling
(732) 810-0034.